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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34271
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My wife has made false allegations of domestic assault now

Customer Question

Hi my wife has made false allegations of domestic assault now I have an injunction on me and court this Thursday
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
How can I help with this please?
Customer: replied 2 years ago.
My wife has made accusations of domestic abuse to social workers and got my 10 year old son to back her up
Customer: replied 2 years ago.
I have a non molestation order on me without my knowledge and I have to go to court this Thursday I have no criminal record my Thai wife has been arested over 3 times in the last 5 yrs but I never made a statement to police last time she was arested was June and 2 days later she got me arested for flicking trousers at her I was on bail 2 weeks and not allowed home then no further action
Customer: replied 2 years ago.
My e mail is***@******.***
Customer: replied 2 years ago.
I need to know how to defend my self as she has legal aid
Expert:  Jo C. replied 2 years ago.
Are you before a criminal court?
For which specific offence?
Customer: replied 2 years ago.
No it's a family court
Expert:  Jo C. replied 2 years ago.
I will pass this onto a family lawyer
Customer: replied 2 years ago.
Ok thank you
Customer: replied 2 years ago.
If you don't do family law can you return my money please I have family court this Thursday and have not seen my children for over 2 weeks I needed more urgency thankyou
Expert:  ukfamilysolicitor replied 2 years ago.
Hello
Welcome to Just Answer
I am a Solicitor and will assist you.
You can choose to contest the Non Molestation Order. If you wanted to do this then you should tell the Judge this on Thursday. The case will then be listed for a contested hearing.
Before the contested hearing the Judge on Thursday will list directions that need to be complied with in advance of the contested hearing. A common direction is to ask for police disclosure. You should ensure that this is asked for - from what you have said - this will assist likely your case.
Another direction that will need to be complied with is that you are given the opportunity to prepare a statement. You should detail in the statement why you consider the allegations made by your ex in her statement are untrue.
The family courts work on the balance of probabilities. The Judge will therefore consider at the contested hearing, after hearing evidence from both of you, whom of you is more believable. If the Judge considered on the evidence that you were more believable than the NMO may be discharged. If the Judgd thought that your ex was more believable then the NMO would remain in place.
I am sorry to say but legal aid is not available to defend a NMO. If however there was children proceedings in the future then you might be able to get legal aid if you can obtain domestic violence evidence and you qualify on means. See the link below for further information in relation to domestic violence evidence requirements.
https://www.gov.uk/legal-aid/domestic-abuse-or-violence
In relation to the NMO proceedings - contesting the proceedings could be expensive if you want to be represented. You could pay around £3 - 5k. You could as an alternative choose not to contest the proceeding. You could tell the Judge that you completely disagree with the allegations your ex has made and ask for this to be recorded. You could say the despite disagreeing you will not contest on the basis this is recorded. If you mean your ex no harm then you will not breach the order and therefore the order will not be enforced if you do not breach the terms.
You could also seek to offer the court an undertaking in the same terms as the current NMO rather than the NMO being in place. The respondent would have to return matters to court to seek enforcement rather than the police.
Kind Regards
Caroline
Please kindly remember to rate positively. Your question will not close and I can answer your follow up questions for free.
Expert:  Clare replied 2 years ago.
HiMy colleague has asked me to look at this for youCan you tell me what your son has said to Social workers?
Clare, Solicitor
Category: Law
Satisfied Customers: 34271
Experience: I have been a solicitor in High Street Practice since 1985 with a wide general experience.
Clare and 2 other Law Specialists are ready to help you
Customer: replied 2 years ago.
My son has said he has seen me hurting her to the social services and I think that's how she's got legal aid but it's not true I'm hoping caffcus can ask him as he wont be in court in June my wife was arested for assaulting me and the police took Body cam video of my son saying he saw her hitting me but I made no statement at the time and she was free the next day but when I did make a statement social services told my wife the police where reopening the case against my wife and that's when she was putting pressure on my son until a 3 weeks ago when he's allegedly told social services its dad hurting mum not the other way around
Customer: replied 2 years ago.
If you can help me I will be sure to give you a bonus I will have a barrister against on Thursday been looking at fathers for justice and other web sites and it don't look Good for men in the family courts when wife's make up domestic abuse
Expert:  Clare replied 2 years ago.
The statement by your son is a serious problem - and will be whether or not the Non Molestation Order remains in place.Social services will not allow her and the children to remain in the house if you are there UNLESS your son feels able to tell either Social Services OR his school what really happened.It is important that you understand that this is just the beginning of what will be a long and difficult process.In the circumstances it may be better to agree to give your undertaking to the court to replace the NMO rather than contesting it fullyThis will leave you free to concentrate on the children issues.The hearing on Thursday is your chance to give your side of the story.It may help you if you have a written statement that you can give in.She will have filed a Statement which will show you how the heading should look - and you will note that there is double line spacing and a clear font used - you need to do the sameTry and make your statement chronological - reflecting past incidents in a general way and then dealing with the incident that led to these proceedings in some detailskeep it factual rather than emotional - and no name calling.At court stay calm and tell the barrister that you are happy to give your undertaking (solemn promise) not to harass her if she does the same.Ask for the Undertaking to be drafted in a way that allows you and your ex to be able to discuss the issues regarding the children You also need to arrange to see the Social Worker dealing with the matter as soon as possibleAgain stay calm (very difficult I know) and discuss with them the issues that the Child(ren ) have witnessed
Customer: replied 2 years ago.
i have a meeting with social worker tomorrow do you know what they will be asking as I've lost all trust in them as they seem to tell my wife whatever I tell them and I was the one that got them involved
Expert:  Clare replied 2 years ago.

They will be promoting their opinion of you as an abuser

It is not right it is not fair - but it is what they will do.

STAY CLAM - above all else stay calm and be polite with them.

I had one client who wore a rubber band around his wrist so that he could snap it to remind him to stay calm because they made him feel so angry.

be honest and straightforward with them

Again a written list of questions and a written chronology will help